Gerhardt v. City of Evansville

ON PETITION FOR REHEARING

YOUNG, Presiding Judge.

The City of Evansville petitions this court to rehear our decision entered August 26, 1980, found at 408 N.E.2d 1308. They represent that we erred in our decision contravening a precedent of the Indiana Supreme Court, Dortch v. Lugar, (1971) 255 Ind. 545, 266 N.E.2d 25, and created a conflict with the opinion of the Indiana Court of Appeals, Third District, State ex rel. Dunlap v. Cross, (1980) Ind.App., 403 N.E.2d 885.

We deny the petition.

The portion of Dortch we are said to contravene is as follows:

We are unaware of any constitutional…